Dekoh

Dekoh.com TERMS OF USE AGREEMENT ("Agreement")

www.dekoh.com, www.dekoh.net and www.dekoh.org

(collectively referred to as "dekoh.com") owned by Pramati, Inc., ("we" or "Pramati") enables you to manage your digital content and applications right on your own desk top. Your use of dekoh.com will be subject to these Terms of Use. We ask that you read these legally binding Terms of Use carefully before you click ?accept? because if you breach any of these Terms of Use, your authorization to use dekoh.com automatically terminates and you can no longer continue to use the dekoh.com website or Software. If you do not agree with these Terms of Use please discontinue use of the dekoh.com services immediately. Dekoh.com reserves the right to change or modify these Terms of Use, such change or modification will be effective upon the posting of new terms on the dekoh.com website. You agree to be bound by any such posted changes. It is important that you review this Agreement regularly to ensure that you are aware of any changes.

Privacy Protection.

Pramati may collect information about the users of dekoh.com and the Content you distribute. Pramati promises to keep this information confidential and never re-sell or provide to others your private information. Pramati reserves the right to make minor technological adjustments to your Content in order to provide the dekoh.com services.

Downloads and Uploads.

By signing up to be a dekoh.com user, you will download and install some dekoh.com software ("Dekoh Desktop") on your computer. You may also download and install applications, software development tools, and plug-ins from the dekoh.com gallery ("Dekoh Applications"). Dekoh Desktop and Dekoh Applications are collectively referred as "Software". You need Java? on your computer. If you do not have Java, our installation will automatically assist you in installing Java and will continue downloading after Java is installed. You will not be uploading your Content onto the dekoh.com site; the dekoh.com technology allows you to share your digital data with others directly from your desktop. Pramati may temporarily keep copies of your Content on dekoh.com website in order to provide the dekoh.com services to you.

License and Ownership.

The Software is protected by copyright, trademark, patent, trade secret and other laws. Pramati owns and retains all rights in the Software and the dekoh.com website. Pramati hereby grants you a limited, revocable, non-sublicensable license to access the dekoh.com website and to use the Software solely for your personal use in connection with sharing your Content with others. In no event may you reverse engineer or copy the Software. Pramati expressly forbids and does not grant you a license to use the dekoh.com services or Software commercially for profit.

Responsibility for Content.

You are responsible for the content which you share with others through dekoh.com, which includes digital files and software applications you have developed ("Content"). You agree that you will not share Content that (i) is libelous, obscene, excessively violent, scandalous, or defamatory, (ii) contains viruses or other contaminating or destructive features, (iv) is adult or child pornographic material; (iii) violates the personal, proprietary, or intellectual property rights, such as copyrights, of any third party or (iv) violates the Acceptable Use Policy set forth below. Violation of these restrictions may result in termination of your membership with dekoh.com and termination of the use of Software.

Accuracy of the dekoh.com Site.

By using dekoh.com you acknowledge that: (i) we do not guarantee the accuracy, integrity, or quality of the website and Software including applications, plug-ins, code or software development tools you download from our gallery; (ii) you agree to evaluate, and bear all risks associated with, the use of the website and any information contained on the site, including any reliance on the accuracy, completeness, or usefulness of such information; (iii) by accessing a dekoh.com user?s Content you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will Pramati or dekoh.com be liable in any way for any content on the dekoh.com site, including, but not limited to, any errors or omissions, or for any loss or damages or any kind incurred as a result of the use of the dekoh.com site or the Software.

Right to Remove or Disable Access.

If Pramati is made aware of Content you are sharing that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, pornographic adult or child, or that Pramati determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy or (iii) in violation of the Acceptable Use Policy Pramati has the right, but not the obligation, to remove or disable access to such Content or to require you to immediately cease and desist from sharing such Content.

WARRANTIES AND DISCLAIMERS THE DEKOH.COM TECHNOLOGY AND SOFTWARE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. PRAMATI ASSUMES NO RESPONSIBILITY FOR SUCH ERRORS OR OMISSIONS. ALL INFORMATION AND SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SERVICES ON DEKOH.COM ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, PRAMATI MAKES NO WARRANTY THAT (i) DEKOH.COM WILL MEET YOUR REQUIREMENTS, OR (ii) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

LIMITATION OF LIABILITY IN NO EVENT SHALL PRAMATI BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF DEKOH.COM SERVICES OR SOFTWARE. EVEN IF PRAMATI HAS BEEN ADVISED, KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE USE DEKOH.COM AND SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM SUCH USE.

Proprietary Rights in Content.

We do not claim any ownership rights in the applications, text, files, images, photos, video sounds, musical works, works of authorship or any other materials that you share using the dekoh.com Software. You retain all rights and ownership to this Content. You represent and warrant that the Content that you share using dekoh.com technology and software is owned by you or you have the rights to share such Content under license.

INDEMNITY You agree to defend, indemnify and hold Pramati, its subsidiaries, affiliates, officers and employees, harmless from and against any claim, action or demand, including reasonable attorneys? fees, made by any third party due to or arising out of Content you share and transmit through dekoh.com and its software, your violation of these Terms of Use, or your violation of any rights of another.

GOVERNING LAW www.dekoh.com is controlled by Pramati from its offices within California, United States of America By accessing dekoh.com, you agree that the statutes and laws of California without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, dekoh.com and any Content. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect.

ACCEPTABLE USE POLICY.

You agree not to use dekoh.com to:

» allow access to, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
» harm minors in any way.
» impersonate any person or entity, including, but not limited to, acting as a representative of Pramati, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
» allow access to, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
» allow access to, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
» allow access to, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
» allow access to, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
» interfere with or disrupt the dekoh.com servers or networks connected to dekoh.com, or disobey any requirements, procedures, policies or regulations of networks connected to dekoh.com.
» stalk" or otherwise harass another.
» collect or store personal data about other users.
» promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" services.
» use dekoh.com (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond dekoh.com